Can't Commit A Study Of Identification

The study of the identification of impossibility is mainly to explore its connotation and denotation.From a practical point of view,it is also necessary to point out whether it is punishable or not.The core is whether it is dangerous or not.There is no related cognizance about the inability to be committed in the current law of China,which is a problem to be solved urgently.Not guilty was never isolated from the concept of crime,is itself a little problem in the criminal law,countries also did not pay full attention in judicial and legislation,however,subjectivism and objective in a fierce confrontation on this issue,to the subjective theory tends to be punished,the objection scholars in the non penalty,a long debate scholars fail to reach agreement on the basic point of view,it failed to form a good communication.The impossibility has its own characteristics,to support its independence in the attempt to commit to a separate portal,he has(1)behavior has begun(2)can not be accomplished(3)characteristics of behavior is not dangerous,so he is fundamentally different from unaccomplished crime,attempted crime,said that for the possibility of having the law,which is the starting point of punishment of unaccomplished crime,but cannot commit from the beginning cannot harm results,no harm to society is fundamentally different and attempted crime.The rise of theory of impossibility in nineteenth Century in Germany,the German doctrine in theory of subjective and objective Impossibility: discussed related theory,very spectacular,the objective theory of representative Bernbach,mitt Mai er cannot absolutely not,Lester said the specific risk,Bali subjective,abstract dangerous finger said,the impression Mezger theory.The doctrines of various schools have a great influence on the study of later generations and indirectly affect the provisions of the non perpetrators of various countries.The impossibility of crime in Japan has gone through the initial pattern of taking France as a template,to Germany as a teacher,and then to decide the way of punishablepunishment according to its own circumstances.The objective risk theory of two yuan has certain reference for our country.The punishment of impossibility is not conducive to social stability,have the modesty of the criminal law against the criminal objectivism view does not comply with the relevant requirements,does not meet the leniency policy requirements,our country scholars put forward the reflection,China is a criminal objectivism should be in position,objectivism decide the punishment of impossibility results.The worthlessness of conduct is a crime under the objectivism debates about the nature of taking criminal judgment standard of two yuan,is not guilty of not understanding abandon the monism of penalty points.The risk of harm to society,is always an important basis to determine whether the behavior can be punished,not to make risk definition bring new thinking,which is the risk of danger should be relative,whether there is a risk of harmful consequences of judgment should be made in the concept of dangerous behavior,should break the shackles of physical concepts,the understanding of social norms in violation of the resulting hazard results.